Section 8 SC/ST Act: Presumption as to offences

Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989

Section 8 SC/ST Act at a Glance

Section 8 SC/ST Act sets mandatory presumptions in prosecutions for Chapter II offences, covering abetment through financial assistance, group offences following an existing dispute, and awareness of the victim's caste or tribal identity.

Section 8 SC/ST Act Bare Act Text

8. Presumption as to offences.

In a prosecution for an offence under this Chapter, if it is proved that—

(a) the accused rendered any financial assistance in relation to the offences committed by a person accused of, or reasonably suspected of, committing, an offence under this Chapter, the Special Court shall presume, unless the contrary is proved, that such person had abetted the offence;

(b) a group of persons committed an offence under this Chapter and if it is proved that the offence committed was a sequel to any existing dispute regarding land or any other matter, it shall be presumed that the offence was committed in furtherance of the common intention or in prosecution of the common object;

(c) the accused was having personal knowledge of the victim or his family, the Court shall presume that the accused was aware of the caste or tribal identity of the victim, unless the contrary is proved.

Amendments to this section
  • Subs. by Act 1 of 2016, s. 6, for "any financial assistance to a person accused of" (w.e.f. 26-1-2016).
  • Ins. by s. 6, ibid. (w.e.f. 26-1-2016).

Section 8 SC/ST Act in Simple Words

Section 8 SC/ST Act sets three legal presumptions (rules requiring the court to treat a stated conclusion as established once a foundational fact is proved) in prosecutions for offences under Chapter II (Offences of Atrocities, including Section 3 SC/ST Act), shifting the burden on those issues. Under Section 8(a) SC/ST Act, if it is proved that the accused gave any financial assistance in relation to offences committed by a person accused of, or reasonably suspected of, committing a Chapter II offence, the Special Court must presume that the accused who rendered that assistance abetted the offence, unless the contrary is proved.

Under Section 8(b) SC/ST Act, if it is proved that a group of persons committed an offence under Chapter II and that the offence was a sequel to (followed from) an existing dispute over land or any other matter, it must be presumed that the offence was committed in furtherance of the common intention or in prosecution of the common object.

Under Section 8(c) SC/ST Act, if it is proved that the accused had personal knowledge of the victim or the victim's family, the Court must presume that the accused was aware of the caste or tribal identity of the victim, unless the contrary is proved.

Section 8 SC/ST Act is an evidentiary rule for Chapter II prosecutions (tried by the Special Court or Exclusive Special Court under Section 14 SC/ST Act, with listed Indian Penal Code provisions applied through Section 6 SC/ST Act) and creates no standalone offence. Section 8 SC/ST Act was amended by Act 1 of 2016 (section 6) with effect from 26 January 2016.

When Section 8 SC/ST Act Applies

  • The proceeding is a prosecution for an offence under Chapter II of the SC/ST Act.
  • Under Section 8(a) SC/ST Act: proof that the accused gave financial assistance in relation to offences committed by a person accused or reasonably suspected of a Chapter II offence triggers a presumption of abetment, unless the contrary is proved.
  • Under Section 8(b) SC/ST Act: proof that a group of persons committed a Chapter II offence as a sequel to an existing dispute over land or any other matter triggers a presumption of common intention or common object.
  • Under Section 8(c) SC/ST Act: proof that the accused had personal knowledge of the victim or the victim's family triggers a presumption of awareness of the victim's caste or tribal identity, unless the contrary is proved.

Example of Section 8 SC/ST Act

In Guwahati, Naveen faces prosecution before the Special Court for an atrocity offence under Section 3 SC/ST Act committed against Karthik, a member of a Scheduled Caste. During the trial, Naveen disputes knowing Karthik's caste identity. The prosecution proves that Naveen had personal knowledge of Karthik and Karthik's family as neighbours over several years. Because personal knowledge of the victim and the victim's family is proved, Section 8(c) SC/ST Act requires the Court to presume that Naveen was aware of Karthik's caste identity, unless the contrary is proved.

When Section 8 SC/ST Act Does Not Apply

  • Under Section 8(a) SC/ST Act and Section 8(c) SC/ST Act, the presumption does not hold if the contrary is proved.
  • The foundational fact required by Section 8(a), Section 8(b), or Section 8(c) SC/ST Act (financial assistance in relation to the offence, a group offence following an existing dispute, or personal knowledge of the victim or the victim's family) is not proved.

FAQs on Section 8 SC/ST Act

What is Section 8 SC/ST Act?▼

Section 8 SC/ST Act establishes mandatory presumptions in prosecutions for offences under Chapter II of the SC/ST Act once specified foundational facts are proved. It covers presumptions of abetment from financial assistance, common intention or common object in group offences following an existing dispute, and awareness of the victim's caste or tribal identity.

Does personal knowledge of the victim's family trigger a presumption under Section 8(c) SC/ST Act?▼

Yes. Under Section 8(c) SC/ST Act, if it is proved that the accused had personal knowledge of the victim or the victim's family, the Court must presume awareness of the victim's caste or tribal identity, unless the contrary is proved.

Can the presumptions under Section 8(a) and Section 8(c) SC/ST Act be rebutted?▼

Yes. Both Section 8(a) SC/ST Act and Section 8(c) SC/ST Act state that the presumption holds 'unless the contrary is proved'.

What is presumed under Section 8(b) SC/ST Act in a group offence following a land dispute?▼

Common intention or common object. Under Section 8(b) SC/ST Act, when a group commits a Chapter II offence as a sequel to an existing dispute over land or any other matter, it is presumed that the offence was committed in furtherance of the common intention or in prosecution of the common object.

Does giving financial assistance in relation to a Chapter II offence create a presumption of abetment under Section 8(a) SC/ST Act?▼

Yes. Under Section 8(a) SC/ST Act, if it is proved that the accused rendered financial assistance in relation to offences committed by a person accused or reasonably suspected of a Chapter II offence, the Special Court must presume abetment, unless the contrary is proved.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 ·